My Mum v Yorkshire Bank - Hearing on 18/12 ***WON***

[rachel2609]

Cheers for that Caro, will let you know tomorrow once I have spoken to the Courts

 

RAchel

[rachel2609]

Just phoned the Court and was informed that the Stay had expired. They have received my letter stating no settlement has been reached but nothing from YB.

 

The guy said to me that it has now been all passed to the Judge for a listing date, I requested one sooner rather than later as I feel that YB have been dragging their heels enough and that I had had enough now.

 

He said my comments will be noted! The waiting games continues..............

 

Rachel

[caro]

Can you remind me why there was a stay Rachel, and is it long since it expired?

[rachel2609]

It was a standard order of stay for settlement with the consent of all parties, it was stayed until 11th August. On or before 25th August we had to either:

 

Let the Court know the claim had been settled

Write to the Court requesting an extension of the stay, or

File a completed AQ to the Court

 

I sent a letter to the Court on Mum's behalf stating:

 

Further to my daughter’s conversation with a Court Official (Robert Bottomley) of 23rd August 2006, I am writing to the Court to confirm that a partial settlement has been offered to myself in this case which was not acceptable and was therefore rejected.

 

I believe that Yorkshire Bank have had sufficient time in which to resolve this matter and that they have consistently stalled for time and tried to intimidate me into accepting a lesser sum than what I believe is due to me.

 

Therefore I request that there be no further extension of the Stay, and request that the case be allocated to the Small Claims Track as soon as possible. You are already in receipt of my Allocation Questionnaire which was received by the Court on 30th June 2006.

 

I cant possibly need to complete a further AQ do I? This will be the 3rd one, considering they claimed they didnt recieve the original???

 

Rachel

[caro]

I think the AQ is to do with allocating a date for the hearing, and from what you have written it looks to me like you should. However your letter does address the issue, so I'm not sure. Also the court have said it has gone to the judge for listing so maybe everything is in hand.

 

I suggest if you haven't heard from anyone by next Monday you phone the court again to find out what is going on, and when you can expect to hear something.

[rachel2609]

I have just contacted the Courts, the stay has not been extended, and a letter has been sent to me stating that they are allocating the claim to the Small Claims Track but the date is yet to be allocated. More bl***y waiting!!!

[rachel2609]

Ooohh I'm all fired up again, just sent my Mum's defence to Doncater Court for one of her claims against Lloyds TSB - court date 27th September. I have renewed vigour!!!

[Patricia C]

Hey Rachel - I'm near you - if I need a buddy (cos I'm not very confident) would you assist?

I'm sending my excel sheet off and LBA this week to YB.

 

- Patricia C

[caro]

Do you know why the stay has been extended? I wonder if it is worth trying to get it removed. Take a look in the bank templates library to see how you can do this and PM me if you need a hand.

[rachel2609]

Hi Caro

 

The stay has not been extended, I was informed this when I rang the Court. They have now sent a letetr stating that it has been allocated to the Small Claims TRack on a date to be advised.

 

I hope that we will get some news on this and also LLoyds TSB over the enxt 5 days or so.

 

Rachel

[rachel2609]

Hello friends

 

Just wanted to let you know i went to Court this morning with my Mum for one of her other claims, of course the solicitors did not turn up so we gt judgement by default, but I have added the link so you can see what happened.

 

It was an alright expereince to be fair, and the Judge was a dead nice bloke, cant say whether I would be saying the same thing had their solicitors bothered to turn up, but not complaining!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/2182-my-mum-lloyds-card.html

 

Nothing further from Kirstie Ross in relation to the stay not being extended by the Courts, and no date from the Court at this satge either.

 

Rachel

[caro]

Every time I see that you have posted on your thread I think they MUST have settled now! Well done with Lloyds. It is good to hear that court is not scary if you need to go, but for goodness sake, how long can this go on with YB?!

[rachel2609]

Hello People

 

Back again, not been on for ages, as I have got a new boss at work and that has somehow reignited my enthusiasm for my job - yippee!! Boyfriend is writing his dissertation so access is limited. Just wanted to pop in and say no further news from YB - has anybody else had anythign further - Caro????

[caro]

Hi Rachel, it's lovely to hear from you, although I am disappointed that you STILL haven't got your money, and no neither have I. I have a feeling I won't get it this side of Christmas. I think all the others that started when we did have settled, although some accepted settlement without interest. Trunny and PJ held out of course and got the lot. No chance of me settling for no interest unless the court should decide I can't have it for some obscure reason.

 

Glad the job is going well, but I do miss you on here. Tell your boyfriend not to work so hard. lol. We need you here.

 

Anyway take care hun and let's hope we get some good news soon.

[rascal3103]

Hi Racheal and Caro,

 

I have heard nothing from YB either, I filed around early August time (i think) I have heard only a few times since then, the AQ questionaire and a note to say they are requesting to have my claim struck out as it was a joint one.

 

The usual crap.

 

I have got a date for a allocation hearing, but its not till mid January, anybody know if YB usually make offers to settle before this date, or do they not turn up ?

 

glad to hear you got a result from Lloyds racheal

 

Rascal

[rachel2609]

Went home at lunch time to see my pooch, court date has been allocated 18th December - bring it on!

[trundlecat]

Don't believe this still hasn't been sorted yet Rachel. At least the end's in sight though now.

[caro]

That's fantastic Rachel. At long long last.

 

I reckon your Mum might be able to manage an extra special Chrissy pressie for you this year. Let us know if you have any questions.

[iggy]

Hi there, I am doing a similar thing for my Mum, Just got the defence back from YB and struggling what to do next. My mum is panicking that she should have accepted their initial offer and I am feeling shacky! I need some words of encouragment guys

[caro]

No need to worry. It may take a while but you'll get there in the end. I found CAG, or BAG as it was then, in March and Rachel was well under way then bless her, but she knows from her experience with other banks that she can't lose.

 

Start a thread with your story iggy and we'll soon get you sorted.

[zultar69]

well rachel hopefully the 18th december will be lucky for both of us cos we got the same court date ...lol

[rachel2609]

Defence submitted, just watching and waiting now!!!

[rachel2609]

Reporting good news! Mum has received a cheque today for £680ish which is the amount of charges, plus interest to the point of claim and court fee. She has decided to accept this, and that is us finished for all our claims.

 

Started back in March this year and have had money back from Lloyds TSB, Citicards and now YB - Mum is well chuffed and it will be a happier Xmas this year!! Donation will be made once cheque has cleared!

[ladykenco]

Rachel...that is fab news for you and ya Mum......Merry Christmas

[Thailand]

Way to go Rach!!! its been well overdue to you:D Another YB victory - they must be getting soft!